Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-10-04

appears to have been selected by th.
administration as the exponent OF thu
gubernatorlal Interpretation OF ell enact
ments pertaining to the management
and mismanagemento OF the hospital fol
the insane at Yankton, it was expected
that the Argus-Leader would give cur
rency to the governors reasons TO,
the recent attempted suspension OF
hospital trustees. This expectation has
not been disappointed. The Argus
Leader comes boldly to the front and
expounds the law, as interpreted by his
excellenoy. 1t says:
by what warrant was the suspension
made2 may be asked. The public ex-
aminer has just returned from Yankton
where he finds the financial agents OF
the territory, in the person OF the
trustees OF the asylum, violating the
law IN such way as in his Judgment
Will endanger the public funds.
For convenience the governor assumes
that the hospital trustees are Financial
agents of the territory" As they neither
receive nor disburss any OF the funds OF
the territory this construction is pre-
sumed to have been assumed only for
the convenience OF issuing an order OF
suspension. It is not worth while to
discuss the legal aspects of this PROPOSE
ton. 1t would be cast out OF any
court without argument. But it Is upon
the assumption that the trustees OF the
insane hospital are financial officers of
the territory that the governor has lssu-
ed his order OF suspension and according
to the Argus Leader he bases his aoticn
upon the following (portion of section A.
chapter ls4. laws OF 1880:
The said examiner shall report to the
governor the result OF his examination,
which shall be filed in the executive OF E
ice, as we'll as any failure Of duty by
financial officers, as often as he THINKS
required by public interests and the
governor may cause the results of such
examinations to be published, or at his
discretion, to take such action for the
public security as the exigenoy may de-
mand; and il he should deem the public
interests to require, he may suspend any
such officer from the further performance
of duty until an examination be had or
such security obtained as may be de-
manded for the prompt protection OF
the public funds.
This section relates entirely to the
power of the public examiner to investi,
gate the territorial treasurer, territorial
auditor and county treasurers and
auditors and it gives authority to sus-
pend suoh officers and no other officers.
Section 8 of the same act relates exclu-
siyely to the investigation OF tho trus-
tees Of territorial institutions by rhe
public examiner, and it contains no
power OF suspension. The Argus
Leader looks upon its case as weak
one, for it says:
We ere aware that section relates
primarily to the examination OF county
and territorial treasurers, but the ex-
preston 6as well as any failure of duty
by financial agents" evidently refers to
other parties than treasurers OF
county or territory. If others, whom I?
Certainly those who handle large sums
OF money for the territory, but whom
it was impossible to specify individually
The act therefore Jumps them into the
gsneral class of "finanoIal officers
which is perhaps just as wise as to make
an attempt at specifying.
The Argus-Leader has fallen into the
yawning pit OF its own argument. The
trustees of the insane hospital do
not handle large sums OF money for the
territory" They do not handle small
sums, or any other kind OF sums. They
merely issue vouchers to the territorial
auditor and upon such voucherR warrants
are drawn and the territorial treasurer
pays the warrants to the parties to
whom they are made payable. The au-
dItor and the treasurer stand between
the trustees and the money. Hence the
trustees are not disbursing officers, and
financial officers, and under the argu-
ment advanced by the gubernatorial
organ are not liable to suspension under
the law quoted.
d r.